Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Emoluments attachment orders in the South African Law
Mini Dissertation (LLM)--University of Pretoria, 2015.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2016
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613567095668736 |
|---|---|
| access_status_str | Open Access |
| author2 | Bekker, P.M. |
| author_browse | Bekker, P.M. |
| author_facet | Bekker, P.M. |
| collection | Thesis |
| dc_rights_str_mv | © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2015. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/53171 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:38:11.690Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2016 |
| publishDateRange | 2016 |
| publishDateSort | 2016 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/53171 Emoluments attachment orders in the South African Law Bekker, P.M. kim.nienaber1@gmail.com Nienaber, Kimberly UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions Law theses SDG-08 SDG-08: Decent work and economic growth Mini Dissertation (LLM)--University of Pretoria, 2015. Being a credit active consumer in South Africa requires a lot of responsibility. Credit providers offer loans to debtors and often employ unjust methods in an attempt to recover the outstanding debt. The mechanism applicable in this research, which credit providers use to recover the debt, is in fact the emoluments attachment order. It is my finding that legislation needs to be amended to abolish the abuse in the sense that: - The order must be obtained in a court where the debtor resides or works. - The court should have a discretion to grant the emoluments attachment order. It will make provision for judicial oversight and that the order be queried at the application stage of such an order, and not only once the order has already been granted. - A cap should be placed upon the amount deductible, which will ensure that the number of emoluments attachment orders against the debtor s salary is appropriate to the extent that the debtor will still have sufficient means to maintain himself and the dependants. The implication of these amendments would ensure that the abuse of the process of emoluments attachment orders are abolished. It is also important to note that debtors still need to act in a responsible manner. These amendments would also ensure that creditors are protected to the extent that they follow the correct procedures in order to collect the debt owed to them. It is my submission that amendments by the legislature is the only way to ensure that the abuse is curbed and to establish a balance between the rights of the creditor and the rights of the debtor. Procedural Law LLM Unrestricted 2016-06-14T09:45:15Z 2016-06-14T09:45:15Z 2016-04-14 2015 Mini Dissertation Nienaber, K 2016, Emoluments attachment orders in the South African Law, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/53171> A2016 http://hdl.handle.net/2263/53171 en © 2016 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions Law theses SDG-08 SDG-08: Decent work and economic growth Emoluments attachment orders in the South African Law |
| title | Emoluments attachment orders in the South African Law |
| title_full | Emoluments attachment orders in the South African Law |
| title_fullStr | Emoluments attachment orders in the South African Law |
| title_full_unstemmed | Emoluments attachment orders in the South African Law |
| title_short | Emoluments attachment orders in the South African Law |
| title_sort | emoluments attachment orders in the south african law |
| topic | UCTD Law theses SDG-16 SDG-16: Peace, justice and strong institutions Law theses SDG-08 SDG-08: Decent work and economic growth |
| url | http://hdl.handle.net/2263/53171 |